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Humanities Sem 2 Exams > Law > Flashcards

Law Flashcards

1
Q

What do Laws do?

A

Laws create structure and regulate the way in which people, organisations and governments behave.

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2
Q

What are Laws?

A

Laws are formal ‘legal rules’ that are designed to govern the way in which people behave and act so we can live in a peaceful and united society.

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3
Q

How are Laws enforced?

A

In Australia,our laws are made and enforced by a range of different organisations - Including courts, tribunals, parliaments, police and prisons - Collectively referred to as the legal or justice system.

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4
Q

Who enforces Laws?

A

Government: Local Councils, State and Territories and Federal Government.

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5
Q

What happens when you break a Law?

A

When you break a law, there are consequences which are enforced by the government through police and judges.

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6
Q

What are some examples of consequences?

A

Fines, Loss of Licence, Community Service and jail Time.

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7
Q

What are Rules?

A

Rules are suggested standards of behaviour and can be found in families, schools, clubs and workplaces.

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8
Q

What is a Bill?

A

A debated in Parliament and requires a majority vote to be passed.

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9
Q

What are Laws made by Parliament referred to as?

A

legislation, statutes, or Acts.

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10
Q

What are the two levels of parlament?

A

Commonwealth and State/Territory.

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11
Q

What laws have the Commonwealth parliament made?

A

Laws that ALL Australians must follow.

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12
Q

What laws do State/Territory parliaments make?

A

Laws that their State/Territory must follow - Varies for each State/Territory

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13
Q

What is a Statutory Authority?

A

Other Governing bodies e.g. Local or municipal councils, Australia Post, and Country Fire Authorities.

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14
Q

What do Statutory Authorities do?

A

Statutory authorities are created by the parliaments to make minor laws on their behalf in a more timely and efficient manner.

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15
Q

Who else can make laws?

A

Judges in higher courts, such as the state Supreme Courts and the High Court of Australia, can also make laws on occasion.

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16
Q

What sometimes happens after a Judge makes a decision to resolve a dispute?

A

Sometimes when a judge makes a decision to resolve a dispute, the reasoning behind their decision creates a legal principle or law that must be followed by judges in other courts when a similar case arises.

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17
Q

What is a law made by a judge called?

A

Common Law

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18
Q

What laws can Federal Government administer?

A

Laws in relation to defence, immigration, foreign affairs, trade, postal services and taxation.

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19
Q

What laws can State/Territory Government administer?

A

Hospitals, schools, police and housing services.

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20
Q

What laws can Local Councils administer?

A

Building regulations, rubbish collection, local roads and pet control.

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21
Q

What are the main law making bodies?

A

Commonwealth, Parliament, Local Courts and Judges

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22
Q

Australia’s legal system is made up of a range of courts and tribunals, laws, procedures and legal personnel. Who may this include?

A

This includes judges, magistrates, legal representatives or lawyers, the police force and people working in the prison system.

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23
Q

What are the Key principles behind Australia’s legal system?

A
  • All individuals are equal before the law
  • All individuals have the right to a fair hearing
  • The Judiciary is independent and impartial
  • All individuals have the right to a reasonable appeal
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24
Q

What are the 2 main types of legal disputes heard in Australian Courts?

A

Criminal and Civil cases

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25
Q

What are Criminal Cases?

A

Criminal cases are those that involve an individual who has behaved in an unacceptable way being charged by the police and often receiving a sanction. Criminal cases include murder, assault and sexual offences.

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26
Q

What are Civil Cases?

A

Civil cases, by contrast, involve private people or organisations fighting over an alleged breach of individual rights, such as an individual seeking money to make up for injuries they have suffered due to another person’s careless action.

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27
Q

What are Summary Offenses?

A

Minor Crimes heard by a Magistrate

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28
Q

What are Indictable Offenses?

A

Serious Crimes that require a Judge and Jury.

29
Q

What are some examples of Civil cases?

A
  • Negligence
  • Defamation
  • Contract Law
30
Q

What is the main role of the state and federal parliament?

A

To make laws (called legislation or statutes) on behalf of society.

31
Q

What is the main role of the courts?

A

The main role of the courts is to apply and interpret the meaning of any existing law to resolve disputes that are bought before them.

32
Q

What is the highest court called?

A

The High Court

33
Q

What courts are under the Federal courts branch?

A

Family Court, Federal Court and Federal Circuit Court

34
Q

What courts are under the State/Territory courts branch?

A

Superior courts e.g. Supreme court
Intermediate courts e.g. District court, county court (VIC ONLY)
Lower courts e.g. Magistrates’ court, local court (NSW ONLY)

35
Q

What court is the Koori court associated with?

A

Magistrates court

36
Q

Who is the Defendant?

A

Someone being sued or accused in court

37
Q

What is a Statute?

A

A written law

38
Q

What is a Sanction?

A

A penalty for breaking a rule or law

39
Q

What is a Verdict?

A

Decision in a criminal/civil case

40
Q

What is Bail?

A

The brief release of an accused person before trial

41
Q

What does Accused mean?

A

Someone who is charged with a crime or on trial for a crime

42
Q

Who is the Plaintiff?

A

Someone who brings a case to court

43
Q

What is an Arrest?

A

Appropriating someone and taking them into custody

44
Q

What is a Conviction?

A

A statement declaring someone guilty

45
Q

What is a Court Order?

A

An order issued by a court or judge making someone do or not do something

46
Q

What is a Committal Hearing?

A

A hearing in court where the magistrate will decide if there is sufficient evidence for conviction

47
Q

What does Prosecution mean?

A

The conduction of legal actions in court

48
Q

What does the Defence mean?

A

Defending themselves from civil liability

49
Q

What is a Precedent?

A

An earlier event used in court as an example

50
Q

Who is the Magistrate?

A

A civil officer who administers the law in court

51
Q

What is a Warrant?

A

A legal document allowing authorities to search areas or arrest people

52
Q

What is a Sentence?

A

To declare punishment

53
Q

What is Adjournment?

A

An act of adjourning - To suspend trial or a hearing

54
Q

Who is the Judge?

A

Keeps order in the court

55
Q

Who are the Jury?

A

Listen to the evidence and make a decision on what they believe

56
Q

Who is the Clerk of Courts?

A

Officer in charge of overseeing fillings.

57
Q

What is Evidence?

A

Facts or information used to decide whether something is true or not

58
Q

Who is a Registrar?

A

An official who keeps all the records

59
Q

What is Jurisdiction?

A

The power to make legal decisions in court

60
Q

What is an Appeal?

A

To make a request.

61
Q

What does the Magistrates/Local court hear?

A

Summary Offences and Civil cases less than $150.000

62
Q

Who is the Barrister?

A

A lawyer who specialises in appearing for clients in court.

63
Q

What does the tipstaff do?

A

Helps the judge keep order in the court

64
Q

What is the Adversarial System?

A

A system of trial in which the prosecution and defence argue their case and the judge or magistrate acts as an independent umpire.

65
Q

Who is the Counsel for the Defence?

A

The lawyer acting on behalf of the accused.

66
Q

Who is the Prosecuteor?

A

A lawyer or police officer who brings an action against the accused on behalf of the state.

67
Q

Who is the Solicitor?

A

A lawyer who is available to help with your legal problems in their office and will appear for you in court.

68
Q

When can a Judge ask a Witness a question?

A

Only to clarify a point.

Humanities Sem 2 Exams (3 decks)

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